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Article 138. Refusal to issue a permit
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Article 138. Refusal to issue a permit
The basis for refusal to issue a permit is: the submission by the authorized person of the documents necessary for the issuance of the permit, not in full; non-compliance with the requirements and conditions for placing goods under the customs regime providing for obtaining a permit in accordance with this Code; the presence of false or distorted information in the documents submitted by the authorized person. Refusal to issue a permit on other grounds, including on grounds of inexpediency of issuing a permit, is not allowed. Notification of refusal to issue a permit shall be handed over (sent) to the authorized person indicating the reasons for the refusal, specific provisions of the legislation and the period during which the authorized person, having eliminated these reasons, may submit documents for reconsideration. The period within which the authorized person has the right to eliminate the reasons for refusal and submit documents for reconsideration may not be less than ten working days from the date of receipt of the notification of refusal to issue a permit. If the authorized person eliminates the reasons that served as the basis for the refusal to issue the permit within the prescribed period, the repeated consideration of the documents, the issuance of the permit or the refusal to issue it are carried out by the customs body within a period not exceeding five business days from the date of receipt of the application by the authorized person to eliminate the reasons for the refusal and relevant documents certifying the elimination of the reasons for the refusal. For repeated consideration of the documents of the authorized person, a customs fee is not levied. [82] At repeated consideration of documents it is not allowed to result from customs authority of the reasons of refusal which are not earlier stated in the notification, except for reduction of the reasons of refusal connected with the documents certifying elimination of earlier specified reasons. An application submitted by an authorized person after the expiration of the period specified in the notice of refusal to issue a permit shall be deemed to be re-submitted and considered by the customs authority on a common basis. The authorized person has the right to appeal in the established manner the decision to refuse to issue a permit, as well as the actions (inaction) of the customs official. Download 1.11 Mb. Do'stlaringiz bilan baham: |
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